Common use of Cross-License and Covenant Not to Sue Clause in Contracts

Cross-License and Covenant Not to Sue. Xxbject to the terms and conditions of this Agreement, (i) BROCADE hereby grants to McDATA a perpetual, non-exclusive, non-transferable, worldwide, royalty-free license, without the right to sublicense, under the BROCADE Patents and the BROCADE Know-how to make, use, sell, offer to sell, lease, import and otherwise transfer the Fibre Channel-based Products and BROCADE covenants that, to the extent that McDATA and McDATA's customers and distributors exercise the rights expressly granted to McDATA hereunder, BROCADE will not assert any patent or trade secret rights against McDATA or its direct or indirect customers, and (ii) McDATA hereby grants to BROCADE a perpetual, non-exclusive, non-transferable, worldwide, royalty-free license, without the right to sublicense, under the McDATA Patents and the McDATA Know-how to make, use, sell, offer to sell, lease, import and otherwise transfer the Fibre Channel-based Products and McDATA covenants that, to the extent that BROCADE and BROCADE's customers and distributors exercise the rights expressly granted herein, McDATA will not assert any patent or trade secret rights against BROCADE or its direct or indirect customers. For the purposes of the patent licenses set forth above, "perpetual" shall mean the life of the applicable patents. Each party shall be responsible for overseeing compliance with the terms and conditions of this Agreement, and shall be liable for any breach of its obligations hereunder. Nothing in this Section 11 shall be construed to obligate either party to disclose any information or materials to the other party with respect to the patents and know-how of such party, whether or not in existence on or before April 1, 1998.